It is with no sense of satisfaction that I am raising this matter. If the Dáil were in session it would undoubtedly be much more appropriately dealt with in that House. The Dáil has adjourned until the end of next January, and the trend of events and the nature of those events make one speculate sometimes as to whether or not the Dáil will meet at the date appointed on its adjournment, or whether it may not be the policy and the intention of the Government to see that after that time, perhaps, neither that House nor this House of the Oireachtas shall be in session. I cannot speak with anything more than conjecture in that matter, but certainly this Government moves in a mysterious manner its wonders to perform, and we are entitled to evince curiosity which is perhaps of a somewhat unusual nature in dealing with the meanderings and exploits of an unusual Government. However, although the Dáil is adjourned, the Seanad is in session and I think it is not only wise but the duty of this House to consider and, if necessary, pass judgment upon public events, or events affecting the public, such as the one that I am going to refer to this evening, especially when this matter, as I think I shall be able to show, is of grave and urgent public importance. On last Friday a proclamation was issued by the Government which reads:—
"Whereas it is provided by sub-section (2) of Section 19 of Article 2a of the Constitution that an Order made by the Executive Council declaring that a specified association is, in the opinion of the Executive Council, an unlawful association shall be conclusive evidence for all purposes that such association is an unlawful association:
Now, the Executive Council in exercise of the powers conferred on them by sub-section (2) of Section 19 of Article 2a of the Constitution and of every and any other power them in, this behalf enabling, do hereby declare and order as follows:—
(1) The Association styling itself and generally known as the Young Ireland Association (also known as the Blue Shirts) is, in the opinion of the Executive Council, an unlawful association.
(2) The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.
(3) This Order may be cited for all purposes as the Constitution (Declaration of Unlawful Association) (No. 2) Order, 1933."
Dublin. This 8th day of December, 1933."
That proclamation raises matters of a very grave nature. It goes to the roots of the constitutional rights and liberties of the citizens of this State. I have here this Constitution (Amendment No. 17) Act, under which the Government have acted. Section 19 is invoked as their authority. I want to recall to the attention of the House what is the nature of this section, what authority it grants to the Government. Undoubtedly, it does grant to the Government the power to proclaim certain organisations as unlawful associations, but it sets out in very specific and clear language the grounds upon which their action in that respect must be based. I want to prove before I sit down that the Government, in issuing that proclamation, have exceeded the authority conferred on them in this section of this Constitution (Amendment No. 17) Act. Part IV deals with unlawful associations. Sub-section (1) of Section 19, to which this proclamation refers, reads as follows:—
(1) Every association which does any of the following things shall be an unlawful association, that is to say:—
(a) has amongst its professed objects, or advocates or encourages, or professes to encourage the overthrow by force of the Government of Saorstát Eireann or the alteration by force of this Constitution or the law; or
(b) without lawful authority organises or maintains or endeavours or purports to organise or maintain an armed force; or
(c) promotes or encourages the unlawful possession of fire-arms by its members; or
(d) engages in, promotes, encourages, or advocates any act, enterprise, or course of action of a treasonable or seditious character, or promotes, encourages, or advocates the attainment of any object of a treasonable or seditious character; or
(e) promotes, encourages, or advocates the commission of offences or the obstruction or interference with the administration of justice or with the enforcement of the law; or
(f) promotes, encourages, or advocates the non-payment of moneys payable to the Central Fund or any other public fund whether by way of taxation or otherwise or the non-payment of local taxation.
Sub-section (2) states:—
An order made by the Executive Council declaring that a specified association is, in the opinion of the Executive Council, an unlawful association shall be conclusive evidence for all purposes that such association is an unlawful association.
Common sense will surely make it clear that sub-section (2) is governed by sub-section (1). If it was not qualified or governed by sub-section (1) then it would confer upon the Government most arbitrary powers—powers that would jeopardise and subvert the rights and liberties of any organised section of the community—the Church or any other organised body, such as the Knights of Columbanus. I presume, however, that the Minister is going to argue that their opinion that such an association is an unlawful association is based upon the commission of some of the offences enumerated in this sub-section (1) by the association in question. I for one shall listen with great interest to the Minister in his efforts to demonstrate that. I assert emphatically that not a single one of the provisions of sub-section (1) from (a) to (f) can be made the basis of a charge against the association which was proclaimed last Friday night.
If the Minister contests my allegation, I want him to give us proof that my contention is wrong. I want him to give proof that that association— the Young Ireland Association—advocates or encourages, or professes to encourage, the overthrow by force of the Government of Saorstát Eireann, or the alteration by force of this Constitution or the law. I want him to give us proof that this organisation, without lawful authority, organises or maintains, or endeavours or purports to organise or maintain an armed force. I want him to give us proof that it promotes or encourages the unlawful possession of firearms by its members. I want him to give us proof that it engages in, promotes, encourages or advocates any act, enterprise or course of action of a treasonable or seditious character, or promotes, encourages or advocates the attainment of any object of a treasonable or seditious character. I want the Minister to give us proof that this association promotes, encourages or advocates the commission of offences or the obstruction or interference with the administration of justice or with the enforcement of the law. I want him to give us proof that this association promotes, encourages or advocates the non-payment of moneys payable to the Central Fund or any other public fund, whether by way of taxation or otherwise, or the non-payment of local taxation. I challenge the Minister to prove that the Young Ireland Association can be indicted on a single one of these counts. I assert that if he fails to prove that he will show himself guilty of misusing the authority conferred upon him for the purpose of striking, not at an association which was a danger to the State, but of striking at what his Government considered to be a formidable political force opposed to their own organisation. I have challenged the Minister to do that. I may be able to assist him in making his case, if there is a case.
On 30th November, the Government set out, presumably, to discover the grounds upon which they were to proclaim this organisation. They made numerous raids and "Solomon in all his glory was not arrayed like one of these." On the evening when these spectacular events took place, this search for treasonable evidence against the Young Ireland Association, there was a discussion on the adjournment in the other House. I presume that the Minister on that occasion stated as fully as he could the case he had to make against the Young Ireland Association. He made a great parade of documents. His words, in introducing some of these documents, seemed very ominous—as if he had something that would damn the association for all time. When one reads over this statement of the Minister for Justice, when one weighs up all that he said on that occasion—I think I am entitled to presume that he presented the most effective case he could; if not, he did not treat the House to which he was speaking with the full confidence which the occasion merited—there is not one iota of evidence that could be construed as a semblance of conspiracy to effect any of the objects set out in Section 19 of the Constitution (Amendment) Act. The Minister had one great find, apparently. I pass no comment upon the manner in which this search for evidence was conducted. I should like, however, to refer to its results. The Minister said on that occasion: "Arms were got and ammunition was got." He did not tell the House—I do not think there has been any disclosure from Government quarters yet —the extent of the supply of arms and ammunition got in these raids. I am informed—I should like to know if my information is correct—that the arms that were secured in that series of raids consisted of one old revolver in an isolated village in the Midlands. I am informed that the ammunition that was got consisted of two boxes of sporting ammunition in Commandant Cronin's office which Commandant Cronin denies having any knowledge of and alleges was planted in his office. I should like to know if that is a correct estimate of the amount of arms and ammunition captured in these heroic raids. At all events, a serious step has been taken by the Government—the proclamation of an unarmed, non-military body. If what I am asserting to-night cannot be rebutted, then the Government stand convicted of acting in an arbitrary manner and of prostituting the powers they possess for Party political purposes. That is a serious charge to make and it is only the gravity of the possible consequences of this action by the Government that impels me to make it. They will have to justify their action by facts, not by mere assertions. There is no security of constitutional right for any citizen of the State if constitutional rights and liberties are to be the plaything of any Minister.
This Act to which I have referred was introduced for very serious reasons at a very serious time in the history of this country. Public memory seems to be rather limited in its duration, and it may not recall the circumstances of the time; it may have forgotten that when that Bill was introduced there was an atmosphere, an environment, of outrage, assassination and violence which was taking a stranglehold upon this country, and which threatened to smash not only the morale but everything that was worth while in this State. Some months ago a discussion was initiated here on a motion by Senator Sir John Keane. At that time I recalled a statement made by the President of the Executive Council in 1931 when introducing this measure. Because of the length of the speech I did not inflict it upon the House; I merely made certain brief references to it. I should like, however, to make more lengthened references to that statement to-night in order that we can get a clearer, a more graphic picture of what were the circumstances and conditions that necessitated the introduction of that measure and contrast them with the conditions of to-day which are alleged to have necessitated the action of the Government on last Friday. It might be well if Senators would consider how far the conditions on both occasions compare.
The then President of the Executive Council, Mr. Cosgrave, made an important statement on 14th October, 1931. I will read certain extracts from that statement, extracts which give an idea of the general tenor of his remarks:—
"When the Bill becomes law no hardship or disability of any kind will be imposed on any law-abiding individual or section of the community whatever his or their political opinions may be. Nothing in the Bill forbids the advocacy of any political ideas. We only ask that the advocate shall not speak with a gun in his hand."
Further on he made this statement:—
"Since the commencement of the present year—that is, during a period of less than ten months—numerous dumps of arms and ammunition have been discovered by the police; several murders and attempted murders have been effected; drilling has become common all over the country and numerous miscellaneous crimes perpetrated. Let me give a summary of the crimes during that period.
"On the 30th January, Patrick Carroll was murdered by armed men at Captain's Lane, Crumlin. He was a member of the I.R.A., but was discovered by that organisation to have been giving information to the police. Deputies will remember that an attempt was made to attribute this murder to the police, who were in fact attacked during his funeral. On 21st March, Superintendent Curtin was murdered by armed men at Tipperary as he was returning home from duty at night. He had conducted a local prosecution for illegal drilling shortly before. On 20th July, John Ryan of Tipperary was taken by armed men at night from the house where he was employed, and murdered on the roadside and the body left there. He had made statements to the police in connection with the same drilling charge as led to the murder of Superintendent Curtin. John Ryan was murdered because he refused to commit perjury. For these crimes it has been impossible to make any person amenable.
"On 23rd April, at night, two young men crossing the Dublin mountains were fired upon by an armed drilling party and one of them was severely wounded.
"On 1st August shots were fired into a dance hall at Drumreilly, County Leitrim.
"On 12th September Mr. William McInerney, of Kilrush, was fired at when entering his own house and seriously wounded.
"On 15th September shots were fired into the house of the State Solicitor for County Clare.
"On 18th July warders from Mountjoy Prison were attacked, whilst off duty, by armed men and one of them was handcuffed to an iron rail and chained by the neck and legs.
"On 11th October, an attempt was made by armed men to release the brothers Gilmore from Mountjoy Prison. Five or six armed men entered a house adjoining the prison and held up the occupants."
There are two columns of these events and outrages. I do not want to weary the House unduly, but these were the circumstances that necessitated the passing of that Act. It was the necessity of facing up to, grappling with and smashing an organisation out to intimidate citizens, not merely by violence but by murder and assassination; it was to grip, to strangle and end for ever such a conspiracy that the Act was put on the statute book.
Is the Minister going to tell us, will anyone who speaks for the Government tell us to-night that the circumstances surrounding the Young Ireland Association have any parallel with the circumstances existing in 1931 which necessitated the introduction of that measure? Will anyone here have the temerity to try to make that comparison or parallel? I am fully aware that we are not free yet from violence, from acts of intimidation and outrage. But there is this peculiarity. These incidents—these events; they are something more than incidents—have been very numerous indeed, but there is this singular aspect of these events, that in so far as the members of the Young Ireland Association have been identified with them, they have been the victims, not the perpetrators, of these outrages and acts of violence. I have here a list, only a partial list, of acts of violence, many of which have been attacks upon the members of the Young Ireland Association. I am quite prepared to go through this list if that is deemed desirable.
In last night's Evening Mail there is a record of
"an extraordinary tale of a holdup on a lonely country road in County Waterford told to-day to the Civic Guards at Kill, a village situated between Tramore and Bonmahon. After midnight a man named Bolton, a native of the Kill district, entered the Civic Guard Barracks in apparently a very excited and agitated condition and lodged a complaint of having been held up by armed and masked men. Bolton stated when he was returning home from Kill, sometime after 11 o'clock, he was challenged by four men who wore black masks across their mouths and noses. They were apparently, according to the man's story, lying in ambush.... Bolton stated that they questioned him at length regarding his movements and were particularly anxious to know if he was a member of the Young Ireland Association known as ‘Blueshirts.' Bolton stated he vigorously denied he was a member of any association.... Apparently they would not believe his statement and, failing to get an affirmative answer as to his alleged connection with the ‘Blueshirts,' they turned upon him and beat him severely about the body with clenched fists."
That is last night. Possibly they were trying to implement the Minister's proclamation against the Young Ireland Association or, perhaps, it is only what Judge Meredith would call one of the instances in the economic war that another country has forced on us. We have in to-day's papers the decision of the Military Tribunal regarding one of the men who was the driver of a motor car which was engaged by men for the purpose of inflicting an outrage upon one Daniel Welsh, who was beaten, taken away in a motor car and tarred. This man has got nine months suspensory sentence.
"On the 7th October, 1933, several young men going to a Fine Gael dance in the Mansion House were attacked. Henry Doyle and John C. Mulvey alighted from a Rathfarnham tram at Hume Street and were set upon by a number of men carrying sticks from which nails protruded. Both sustained head wounds and were treated in Mercer's Hospital.
"On the 17th October a barn belonging to Mr. Henry Goonan, secretary of the Fine Gael branch, Ballingar, Woodford, County Galway, was attacked by armed men and shots fired through the windows and doors, wounding five of the dance party. Two men were seriously injured.
"On October 30th, at Bandon, Denis O'Leary, member of the Fine Gael, was taken from his home at night by armed and masked men, beaten, escaped and fired after. His father was struck and felled by a blow on the head from a cudgel by one of the raiders. Hugh O'Reilly, of Innishannon, near Bandon, was also taken from his home on the same night by armed and masked men and beaten severely.
"On the 30th October, there was a raid on the house of a Fine Gael supporter (John Hanlon in Kilrooskey, Roscommon) by 16 armed and masked men. Three of the party were taken out, Herbert Tracey, John T. Tracey and —— Casey. A scuffle took place and John Hanlon received a bullet in the lung. William Tracey was badly injured about head and body.
"On November 22nd, Henry Mongan, aged 70, vice-chairman of a branch of Fine Gael who presided at a meeting addressed by Messrs. P. Hogan and John Brodrick was set upon and assaulted by a number of men, ten or 12 (some of whom it is alleged fired in the air) when returning home about 9.30 with his brother Thomas, aged 63. Mongan got a black eye and an injury to his ear. When the Mongans arrived home they found that their home, in which their sister was alone, had been attacked and the windows broken with stones."
Now, sir, I could go on reading for the next hour incidents or events or outrages of that kind. I do not propose to stand too long between the Minister and his opportunity of explaining or justifying the action of the Government. I want to draw the attention of the House to this and I want to repeat that in every event of disturbance with which the members of the Young Ireland Association have been connected, they have figured either as victims of the disturbance of the peace, or as those who wish to preserve law and order, and prevent a disturbance of the peace. I have here a most illuminating extract from a speech by the present Minister for Justice. It was uttered on the 14th October, 1931, when he was denouncing this Act which he now undertakes to support:—
"You might at least make some attempt when you are bringing in a measure of this sort to give some concrete example rather than the vague, indefinite vapourings about the conditions of the country. One would imagine that the Minister for Justice at any rate would try to keep to some definite statement— some definite facts—and that he would have something to put before the House in the way of definite evidence."
I am challenging the Minister to-night to produce something in the way of evidence to justify the action taken on last Friday. I am asking him to produce something in the way of evidence much more convincing than the statement which he made on the evening of November 30th. If the Dáil, instead of being a House of the Oireachtas, had been a court of law and if the Minister was indicting his opponents acting as counsel for the prosecution—if he were indicting his opponents before a jury and presented the statement that he made on November 30th, as a statement to convict the prisoners, I venture to say that, just as in the case of the Official Secrets Act, the jury would have returned a verdict of "not guilty" without leaving the box.
The Minister must not imagine either that he is dealing with children or that we have any belief whatever in the infallibility of the members of the Executive Council and especially the present Executive Council. They will have to take responsibility for their actions and they will have to prove before this State that these actions which they have taken and which have affected secretly the constitutional rights of the citizens, are taken in the interests of the State and not in the interests of Party manoeuvres. What is this body that has been banned? It is the Young Ireland Association, an association which I say again, and say with all the emphasis that I can command, is a non-military, un-armed association. It stands for the preservation of the State and for safeguarding the institutions of the State. It stands for the observance of the law and respect for the institutions of the State, for securing freedom of speech and the preservation of public order. It stands to give the rising youth of Ireland a clean, manly, healthy environment in which to exist and it stands, not least, for the end for ever of the rule of the gun bully in this country. That is what Young Ireland stands for. Speaking broadly, these are the objects of the association which was proclaimed last Friday night by the Executive Council.
I ask what conclusion are we to draw from the action of the Government in proclaiming such an organisation? If the preservation of the State, the maintenance of freedom of speech, the preservation of order and securing respect for the institutions of the State, and assisting in putting an end to the rule of the gun bully be crimes in the eyes of the Government, then we can only conclude that the Government do not wish the rule of the gun bully to end, that the Government do not wish to have freedom in this State for any except their own spokesmen and supporters, that the Government do not wish to have the preservation of order in the real democratic sense, and that they do not want this State to be preserved and maintained. If that is the conclusion that we are to draw, then all that one can say is that it is not the Young Ireland Association that has been engaged in a conspiracy against the State or that is engaged in a conspiracy against the State, but that it is the Executive Government itself which is engaged in a conspiracy against the State. If that is so, then I say that this proclamation of last Friday night is a challenge not to Young Ireland alone but to the whole civic sense of this State, to every decent man and woman who stand for honour and for constitutional liberty in this State. It is a challenge to these things, and it is a challenge which the Minister and his Government and his colleagues will find answered fully and well when they take that issue to the people. As I expect I shall have to make some further observations at the conclusion of the debate and as I wish to give the Minister an opportunity of vindicating his proclamation, I do not propose to say anything more at the moment.